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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Krishan Pahal,J.
Arun Kumar Mishra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Krishan Pahal, J.)
1. List has been revised.
2. Heard Sri Anup Triwedi, learned Senior Advocate assisted by Sri Nitin Chandra Mishra, learned counsel for the applicant and Sri Devendra Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case No.3227/IX/24 ( State vs. Arun Kumar Mishra ), arising out of Case Crime No.0035 of 2024, under Sections 323, 376, 420, 504, 506 I.P.C., Police Station- Mahila Thana, District- Banda, during the pendency of trial.
PROSECUTION STORY:
4. The informant joined the Old Rajendra Nagar, New Delhi Branch of Yes Bank as Relationship Manager. The applicant is stated to be an account holder in the said bank. He is stated to have offered the victim/informant the job of his personal assistant in his company for a salary of Rs.75,000/- per month alongwith accommodation and other perks. The informant joined the company of the applicant after resigning from the bank on 2.1.2024.
5. On 12.1.2024 at about 09:30 p.m., the applicant is stated to have suddenly come to the house of the informant alongwith cold coffee and stated that he has got a huge profit in the c
Consent in relationships does not equate to rape unless proven that the promise of marriage was made with no intention to fulfill it; bail is the rule and imprisonment the exception.
Long-term consensual relationships cannot be criminalized as rape unless clear evidence of deceit or malicious intent is established.
The court emphasized the distinction between consensual relationships and allegations of rape, ruling that mere allegations without evidence of coercion do not suffice for criminal proceedings.
Misconception of fact – Merely because physical relations were established on a promise to marry, it would not, by itself, amount to rape.
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
(1) Misconception of fact – Failure to keep promise on a future uncertain date does not always amount to misconception of fact at inception of act itself.(2) Law holding that false promise to marriag....
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
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